THUNDER BAY — Just days before a crucial vote on the fate of a proposed transitional housing project on Junot Avenue, a member of Thunder Bay city council has been found to have a conflict of interest.
McIntyre ward councillor Albert Aiello conceded Friday that he has been "deemed in conflict by the integrity commissioner," and added "As of right now I'm not going to vote, I guess."
Council is scheduled to vote Monday on whether to amend the zoning by-law to permit a residence and resource centre on Junot Avenue South for up to 58 homeless individuals, aged 18 to 29. City administration has reviewed the issue and is recommending approval.
Aiello is the executive-director of the the Boys and Girls Club of Thunder Bay, which is located adjacent to the proposed development.
The city's integrity commissioner, acting on a complaint from citizen Erin Beagle, conducted an investigation after a June 20 meeting about the project at the Thunder Bay Boys and Girls Club.
Commissioner Brian Tario determined that Aiello – a vocal critic of the location for the development – has "a disqualifying interest" under a provision of council's code of conduct, which was enacted earlier this year.
Rule No. 1 states a conflict occurs if councillors have an interest in a matter, by virtue of their relationship to an individual or body associated with that matter, of such a nature that they could not reasonably be considered to be able to participate impartially in decision-making.
In a report to the city, Tario says Aiello should not participate in any vote dealing with the transitional housing project.
He has also ruled that both Aiello and Red River ward councillor Brian McKinnon violated Rule No. 15 of the code of conduct by publicly stating – during what he described as the "highly charged" June 20 meeting – that they were in opposition to a previous decison made by council regarding the project.
The rule states that members of council "shall not actively undermine the implementation of council's decisions."
Tario said it's OK for councillors to express disagreement with a council decison, "but it is contrary to the ethical behaviour" of councillors to actively seek to undermine, challenge or work against council's decisions.
Ontario Aboriginal Housing Support Services Corporation originally planned a 20-unit complex on Junot Avenue, using land that was donated by the city.
The group later decided to triple the size of the development immediately rather than proceed in phases, and to purchase additional land from the city as part of the process.
Although stating at one point, in an interview Friday, that he likely can't participate now in Monday's vote, Aiello wasn't completely sure.
"That could change. I have the option to appeal, or I have the option not to declare a conflict. It's really up to me. Once we seek some consultation, we'll go from there," he said.
Aiello suggested the integrity commissioner's finding leaves council "treading on uncharted waters...so I really don't know what that means."
He said it's unfortunate if he can't vote.
"I know no one's done more work on this than I have. Just in speaking with the residents, the business communities, the landowners, the hotel owners, the kids and seniors in the area, and doing my own research on stats and so on. It would be very unfortunate if that information doesn't get out to the general public in their decision-making," Aiello said.
In its report recommending the zoning amendment, city administration says the project would be compatible with the surrounding area and with provincial government policy and planning goals.
This is the second instance this month in which the integrity commissioner has found a member of council to be in conflict of interest.
He also found McKellar ward councillor Brian Hamilton to have a conflict in voting on the by-law to establish a designated truck route.
The commissioner was appointed by council last February as the result of provincial legislation requiring municipalities to do so.
